Page:The Records of the Federal Convention of 1787 Volume 3.djvu/338

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June 21, 1788.

… Governor Randolph. where is the part that has a tendency to the abolition of slavery? Is it the clause which says, that “the migration or importation of such persons as any of the states now existing, shall think proper to admit, shall not be prohibited by congress prior to the year 1808?” This is an exception from the power of regulating commerce, and the restriction is only to continue till 1808. Then congress can, by the exercise of that power, prevent future importations; but does it affect the existing state of slavery? Were it right here to mention what passed in convention on the occasion, I might tell you that the southern states, even South-Carolina herself, conceived this property to be secure by these words. I believe, whatever we may think here, that there was not a member of the Virginia delegation who had the smallest suspicion of the abolition of slavery. …

I have never hesitated to acknowledge, that I wished the regulation of commerce had been put in the hands of a greater body than it is in the sense of the constitution. But I appeal to my colleagues in the federal convention, whether this was not a sine qua non of the union. …

Mr. George Mason.—Mr. Chairman—With respect to commerce and navigation, he has given it as his opinion, that their regulation, as it now stands, was a sine qua non of the union, and that without it, the states in convention would never concur. I differ from him. It never was, nor in my opinion ever will be, a sine qua non of the union. I will give you, to the best of my recollection, the history of that affair. This business was discussed at Philadelphia for four months, during which time the subject of commerce and navigation was often under consideration; and I assert, that eight states out of twelve, for more than three months, voted for requiring two-thirds of the members present in each house to pass commercial and navigation laws. True it is, that afterwards it was carried by a majority, as it stands. If I am right, there was a great majority for requiring two-thirds of the states in this business, till a compromise took place between the northern and southern states; the northern states agreeing to the temporary importation of slaves, and the southern states conceding, in return, that navigation and commercial laws should be on the footing on which they now stand. If I am mistaken, let me be put right. These are my reasons for saying that